Open container violations are often a police officer’s gateway into conducting a warrantless search of a motor vehicle. And once inside the car, any other contraband discovered by the officer–including illegal drugs–may be used as evidence against the vehicle’s driver or passengers. This is why it is important to always remember you have the right […]
In a criminal prosecution arising from a DWI accident, a court will often make an “affirmative finding” that the defendant “used or exhibited a deadly weapon” in the commission of the offense. The “deadly weapon” in this context is the car itself. And while not all felony DWI cases require such a finding, when one […]
Texas law enforcement officers are often asked to respond to unusual situations. One of the more notable incidents this year involved a call to the Wichita Falls police from a local Walmart. According to the Wal-Mart’s employees, there was a woman who had spent several hours driving around the store’s parking lot in an electric […]
A DWI accident becomes intoxication manslaughter when a driver “is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.” The difference between intoxication manslaughter and a “normal” DWI cannot be overstated. A first-time DWI is a normally a Class C misdemeanor, while intoxication manslaughter is a second-degree felony. […]
When drunk driving leads to a deadly accident, the driver faces some of the most serious penalties available under Texas law. In some cases, the state may charge the driver with felony murder. While DWI accidents are rarely intentional, when a person dies during the commission of another felony (i.e., the DWI itself), it can […]
A DWI-related auto accident can leave you facing not just serious jail time, but also a crippling financial debt. In addition to criminal fines for intoxication assault or intoxication manslaughter, a judge can order you to pay restitution to any victims of the accident. And this can leave you on the hook for a six-figure […]
In Texas, there are separate criminal offenses for DWI and driving with an open container of alcohol in your vehicle. But when you combine the two–DWI with an open container–a defendant may face significantly higher penalties if convicted. And things may get even worse if there are other factors involved in the drunk driving arrest, […]
A DWI accident is more complicated than a simple drunk driving case simply because there are victims to consider. Even in cases where the victims are not killed or seriously injured, the drunk driver may still be criminally liable to pay restitution to the victims. Under Texas law, a court may order such restitution as […]
A DWI accident is obviously more complicated than the run-of-the-mill drunk driving arrest. There tend to be more police involved with the investigation of an accident, especially where someone has been seriously injured or killed. And if you are the person suspected of causing the accident, you need to be prepared to deal with the […]
An open container violation can lead to more legal problems than you think. If a police officer finds an open liquor container in your car, you can be cited for a Class C misdemeanor. But if the officer uncovers evidence you committed another offense–such as DWI or possession of illegal drugs–you may face significantly more […]